Philippines: Indigenous rights defender at risk - possible forced disappearance
Updated: 23 January 2009
James Balao, Indigenous rights defender in the Philippines
Cordillera Peoples Alliance (CPA)
On 19 January 2009, a regional court in the Philippines ruled that the authorities must immediately disclose the whereabouts of abducted Indigenous rights activist James Balao.
However, the ruling does not grant permission for his relatives and their representatives to inspect places of detention where he may be held. The ruling also does not compel the authorities to hand over documents relating to his case nor does it offer protection to those who witnessed his abduction.
The Court's ruling was in response to a writ of amparo filed by relatives on 9 October 2008, in an effort to establish what happened to James Balao, one of the founders of the internationally renowned Indigenous peoples’ organization, the Cordillera People's Alliance (CPA).
James Balao disappeared on 17 September in La Trinidad town, northern Philippines. Witnesses have told the CPA that they saw him being abducted by armed men, who claimed that they were from the police. The CPA has also said that they had been informed that James Balao is still alive and is being held by state security forces at an unknown location. He is at risk of torture or other ill-treatment.
The 13-page decision on the writ of amparo directed the authorities to “disclose where James Balao is detained or confined, to release James Balao considering his unlawful detention since his abduction, and to cease and desist from further inflicting harm upon his person.”
The Court further stated that: the "abduction came at a time when the government is engaged in an all-out war against its perceived enemies, which has resulted in unabated extrajudicial killings, abductions, political persecution...", that "the investigation was very limited, superficial and one-sided", and that “on record is evidence pointing to the more likely than not motive for James Balao’s disappearance—his activist/political leanings.”
However, while the Court’s statements were welcome, the fact that it did not permit the inspection of places of detention -- and the fact that the Court took three months to rule on the writ of amparo -- have denied James Balao the protection that should have been granted immediately.
TAKE ACTION:
Speak out for the safety of James Balao in letters, faxes and emails to the Government of the Philippines. Write in your own words, making the following points:
- calling on the Philippine National Police and the Armed Forces of the Philippines to immediately reveal the whereabouts of James Balao, and for the authorities to charge him with a recognizably criminal offence or release him immediately;
- call on the authorities to order a prompt and thorough investigation, publish the results and bring those responsible to justice;
- call on the authorities to ensure that all cases of forced disappearance are investigated promptly, impartially and effectively;
- calling on the authorities to ensure that all Indigenous rights activists are able to carry out their legitimate work without restrictions or fear of reprisals;
Please send letters, faxes or emails as quickly as possible.
WRITE TO:
Chief of Police
Chief Director General Jesus Verzosa
Philippine National Police
Room 301 DND Building, Camp Emilio Aguinaldo,
Philippines
E. de los Santos Avenue, Quezon City, Philippines
E-mail: pio@pnp.gov.ph
Chief of Staff (armed forces)
General Alexander B. Yano
Chief of Staff, Armed Forces of the Philippines
Camp General Emilio Aguinaldo
Quezon City, Philippines
Email: via website: http://www.afp.mil.ph/ghq/csafp/index.htm (follow link on left-hand side to guestbook)
Important note: If your emails to authorities in the Philippines bounce, please resend to jamesbalao.appeal@gmail.com. Your message will be printed out and mailed to the intended recipients.
Ambassador to Canada
His Excellency José S. Brillantes
Ambassador for the Republic of the Philippines
130 Albert Street, Suite 606
Ottawa, ON, K1P 5G4
Canada
Fax: + 1 613-233-4165
E-mail: ambassador@philippineembassy.ca
Salutation: Your Excellency
FURTHER BACKGROUND:
An increasing number of political activists have been disappeared or killed in the past decade in the Philippines. Local human rights group Karapatan reported 193 cases of enforced disappearance between January 2001 and March 2008.
This has mostly taken place during counter-insurgency operations against left-leaning or secessionist groups. Those seen to be political sympathizers of such groups have also been targeted.
A persistent climate of impunity, together with weaknesses in safeguards for the rights of suspects and detainees, appears to be facilitating such disappearances.